BARRY'S AUSTRALIA TERMS OF USE

 

These Terms of Use (“Agreement” or “Terms”) set forth the terms and conditions that govern your use of the Barry’s Bootcamp Australia website at www.barrysbootcamp.com.au (“the Site”) operated by Barry’s Bootcamp Australia Pty Ltd (“Barry’s Australia”, “us”, “we” or “our”). They also govern your use of the Barry’s Australia services and facilities (“Services”) at each of our studios (“Studios”) so please read these carefully before using our Services and/or the Site!

By accessing or using the Site and/or the Services in any manner, creating an online account or purchasing an entry pass online, you acknowledge that you have read and agree to be bound by these Terms. You may otherwise indicate your acceptance of these Terms when registering as a client at one of our Studios by signing a copy of the same.

You acknowledge and agree these Terms may be amended by Barry’s Australia from time to time by updating the Terms on the Site.

It is your responsibility to read and understand these Terms and your continued use of the Site and/or Services will amount to acceptance of these and any updated Terms.

In order to access some features of the Site, you will have to create an account online with us. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account. 

Cancellations: You must cancel your class 12 hours in advance or you will be deducted that class from the total number of classes available to you on your account. Switching your time slots within the 12-hour notice time period will also result in a further class being deducted from the total number of classes available to you on your account. You may cancel a class through our online system or by calling the Studio directly.

Reservations: You must be physically present at the Studio 5 minutes prior to the start of your scheduled class or your class may be given to a waitlisted client.

Personal Belongings: You agree that Barry’s Australia is in no way responsible for the safekeeping of your personal belongings while you are present in the Studio. You assume all risk of loss for any of your personal belongings.

The RED ROOM is exactly that and requires you to move carefully around the Studio as the lighting maybe lower than you are accustomed to. By agreeing to these Terms you are acknowledging the risks associated with participating in a fitness activity within a reduced lighting environment.

Our treadmills are designed especially for our work-outs and require you to power them off after each set, or at any time you step off the treadmill. Do not leave the treadmill running when you move to your floor station and do not put anything on or behind them within the area indicated by the caution taping (i.e. weights or equipment).

Our skilled instructors will guide you through your workout. Please always follow their instructions to ensure a safe and an exceptional work-out.

You agree you will act appropriately whilst in the Studio and be respectful to others including other members, guests, our staff and outside providers. Examples of inappropriate or disrespectful behaviour include:

• Verbal or physical intimidation;
• Harassment;
• Discrimination; or
• Purposely disregarding the safety of others.

You agree to wear appropriate dress while training with us including fully enclosed sports shoes and non-offensive clothing.

All purchased classes are non-refundable. No exceptions.

You warrant that you are in excellent physical condition. If you are injured, ill or recovering from injury or illness, notify the instructor prior to class start time.

We are and remain the owner of the Site at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Site in any way.

You acknowledge that rights in the Site are licensed (not sold) to you, and that you have no rights in, or to, the Site or the technology used or supported by the Site or any Site service other than the right to use each of the same in accordance with this Agreement. You acknowledge and agree that you as a user of the Site are responsible and legally liable for your activity, behaviour, use of and conduct on the Site.

You must:

• not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;
• not use the Site in a way that could damage, disable, overburden, impair or compromise the Site, or systems or security or interfere with another user's rights, use or enjoyment of the Site;
• not carry out reverse engineering in respect of the Site; and
• comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site.

Barry’s Australia may remove or suspend your access to the Site and related services or terminate this Agreement at any time, with or without notice, if it determines in its absolute discretion that your use of the Site is contrary to any of these Terms.

This Site is intended solely for users who are 16 years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms. By using our Services or the Site, you represent and warrant that you are 16 or older and that you agree to abide by all of these Terms. Minors between the ages of 16 and 18 may register on our website however must be accompanied by their registered parent or guardian upon their first visit to any Studio.

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under law. Content on the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content.

You acknowledge that Barry’s Australia charges fees for the Services, and we reserve the right to change our fees from time to time in our discretion. If we terminate your Agreement because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of any fees paid.

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy at https://www.barrysbootcamp.com.au/privacy-policy/.

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function, for example completing a client registration. They cannot use your information for any other purpose.

This Site may also contain links to websites operated by third parties. Such links are provided for convenience only and Barry’s Australia has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

When you register as a client, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another client at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

A. Services

Under the Competition and Consumer Act 2010 (“Australian Consumer Law”), we guarantee that our recreational services are:

• provided with due care and skill;
• fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve; and
• supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign this Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose. This does not apply if your death or injury is due to our gross negligence.

B. Site

To the maximum extent permitted by law, including the Australian Consumer Law, no warranty or representation is made about the Site or the content provided throughout, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

To the maximum extent permitted by law, Barry’s Australia and their officers, employees, consultants, contractors or agents will not be liable for any loss howsoever arising in connection with the use of this Site or these Terms of Service, including, without limitation, any changes to the Terms or changes to the Site.

These Terms and any variation to them shall remain in full force and effect while you use the Services or the Site. You may terminate this Agreement at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local Studio directly via phone or email at [email protected].

We may terminate this Agreement immediately at any time, with or without notice and with or without cause. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and intellectual property.

We reserve the right to cease operating the Site at any time without notice.

This Agreement, together with our Privacy Policy, the Risk Waiver and the Pre-Exercise Questionnaire and any notices or special conditions posted on the Site from time to time constitute the entire agreement, understanding and arrangement (express and implied) between you and Barry’s Australia relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

If any term or condition of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Barry’s Australia’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The laws of the state in which your home Studio is located govern these Terms and you submit to the exclusive jurisdiction of the courts of that state.

 

Barry’s Australia Giveaway: Terms and Conditions

These Rules govern the offering and conduct of giveaways available on https://www.instagram.com/barrysaustralia and other websites or mobile applications operated by Barry’s Bootcamp Australia Pty Ltd ABN 24 621 552 510 located at 176 Montague Road, South Brisbane QLD 4101 (collectively, “Barry’s”, “we”, “our” or “us”).

1. Giveaways are open only to legal residents of Australia who are of eligible age to participate in their jurisdiction and at least 18 years of age. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Barry’s, or its affiliates and advertising and promotion agencies, are not eligible to enter or win. Giveaways are subject to all applicable laws federal and state legislation.
   
   
2. Rules. Unless otherwise specified, no purchase is necessary to participate in any Giveaway. Participation in a Giveaway may require that we collect, store, use, share and otherwise process personal information of participants. Personal information will be handled in accordance with our Privacy Policy available at https://www.barrysbootcamp.com.au/privacy-policy/. Limit one (1) entry per person, per Giveaway, regardless of method of entry. Multiple entries received from any person or e-mail address will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All entries become the property of Barry’s and will not be acknowledged or returned.
   
   
3. Selection and Agreement of Winner. The potential winner (or winners in any event that the Giveaway selects multiple winners) will be selected in a random drawing held from all eligible entries received for applicable drawing. Odds of winning depend on the number of eligible entries received. Winner(s) will be notified via Instagram and if (a) a prize or prize notification is returned as undeliverable; (b) Barry’s is unable to contact a potential winner, (c) a potential winner is not in compliance with these Rules; or (d) an unforeseen event occurs that prevents the drawing and/or awarding of the prize, the prize will be forfeited and, at Barry’s sole discretion, an alternate winner will be selected or the delivery of the prize will be delayed. The winner, by acceptance of a prize, grants permission for Barry’s and its designees to use, his/her name, address (city and state), photograph, voice and other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media (including digital media) now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
   
   
4. Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Barry’s. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Barry’s reserves the right, at its sole discretion, to substitute any prize (or portion thereof) with one of comparable or greater value. The winner is responsible, to the fullest extent permitted by applicable law, for all applicable taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Selection and method of redemption or distribution of prizes are at Barry’s sole discretion.
5. Disclaimer of Liability and Release. Entrants, by participating, agree, to the extent permitted in the entrant’s country, that Barry’s and its affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Giveaways. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaways, including errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by other entrants or site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaways. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website.
   
   
6. Miscellaneous Provisions. Persons who tamper with or abuse any aspect of the Giveaways or website or who are in violation of these Rules, as solely determined by Barry’s, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in Barry’s sole opinion, compromised in a way that impairs the administration, security, fairness or proper play, or submission of entries, Barry’s reserves the right at its sole discretion to suspend, modify or terminate the Giveaway and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Barry’s. In the event of a dispute regarding entries received from multiple users having the same e-mail or Instagram account, the authorized subscriber of the e-mail or Instagram account at the time of entry will be deemed to be the entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DAMAGE THE BARRY’S SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, BARRY’S WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.